New Delhi, Aug 12 (PTI) A Delhi court has denied anticipatory bail to a man accused in a cyber fraud case, saying custodial interrogation was necessary to trace the money trail, recover digital evidence and uncover the complete structure of the suspected fraud network.
Additional Sessions Judge Samar Vishal was hearing an application by Ajay Sharma accused in a case in which a complainant allegedly lost Rs 34.88 lakh after being induced through Facebook and WhatsApp to invest money on the promise of substantial returns.
In an order dated August 11, the court said, “Granting protection from arrest at this stage may impede the efforts of the investigating agency to trace the funds, recover digital evidence and ascertain the complete structure of the alleged cyber-fraud network”.
According to the prosecution, investigation revealed that part of the cheated amount was transferred through multiple bank accounts and eventually reached an account of M/s Aerobott Ventures Pvt Ltd, where Sharma was one of the directors.
The investigating agency alleged that the company’s bank account had surfaced in nine cyber fraud complaints registered across different states.
The prosecution further claimed that around Rs 8.20 crore had been credited into a bank account connected with Sharma and that the source and destination of the funds, beneficiaries and the role of the accused and his associates were still under investigation.
The court noted that Sharma’s explanation regarding his role in the company did not inspire confidence. During the hearing, his counsel argued that he was merely an employee and had been made a director without his consent.
“His previous involvement and charge-sheeting in another cybercrime case, though not determinative of guilt in the present matter, cannot be completely disregarded while assessing the need for custodial interrogation and the likelihood of effective cooperation with the investigation,” the judge said.
The court, however, said that it was difficult to accept that a person associated with a company for about five years and shown as one of its directors would be unaware of the nature of its business.
Calling the allegations serious, the court said cybercrimes involving online investment frauds, layered transactions and shell entities were on the rise and required detailed investigation into digital and financial networks.
The judge also took note of the allegation that Sharma did not join the investigation despite being served a notice and said that granting protection from arrest at this stage could hamper efforts to trace funds and recover digital evidence.
The court consequently dismissed the anticipatory bail application. PTI SKM SKM KVK KVK
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